[Adopted 5-24-2005 by Ord. No. 2005-20]
A.
The prohibitions set forth in this policy shall apply
solely to employee positions for the Borough of Bradley Beach.
B.
This policy shall not apply to appointments to the
various boards, commissions, and committees of the Borough.
C.
Subject to the exceptions listed, this policy and
the prohibition against certain hiring contained herein shall be applied
prospectively only from the effective date of its enactment and shall
not in any way be construed to prohibit or make unlawful any current
employment relationship or situation or the hiring of any person currently
employed by the Borough of Bradley Beach as of the effective date
of this policy which may technically be in violation of the terms
hereof but for its prospective application. For purposes of interpreting
this exception, persons appointed to positions of employment with
the Borough for a set term shall be considered current employees,
notwithstanding the fact that the term may have ended. Such persons
holding positions of employment with the Borough under a set term
may be hired to any position in the Borough, rehired, reappointed
or promoted, as may be the case, without violating this policy.
D.
The prohibitions and restrictions contained in this
policy shall not apply in the case of seasonal part-time employment.
E.
Employment for compensation, except pursuant to open
competitive examination in accordance with Title 11A of the New Jersey
Statutes and the Rules and Regulations promulgated pursuant thereto,
of any former member of the governing body or relative of such governing
body member, for any position within the Borough over which the Borough
has direct hiring authority. This prohibition shall apply for one
year following the end of the term of the governing body member. This
prohibition shall also apply to relatives as defined herein, of any
governing body member who has been employed within one year of the
proposed hiring by the governing body.
As used in this policy, the following terms
shall have the meanings indicated:
Persons holding the position of Mayor and Council.
Includes spouses, parents/children, siblings, grandparents/grandchildren,
in-laws to the extent of parents or children, brothers/sisters-in-law,
aunts/uncles, nieces/nephews.
Any employee of the Borough having supervisory duties and
authority over another employee or employees within the respective
department of the Borough.
The following restrictions shall apply in the
hiring of employees to employment positions in the Borough of Bradley
Beach:
A.
Supervision. No relative (as defined herein) shall
be considered for employment by the Borough of Bradley Beach or hired
to a position of employment with the Borough where that person will
be the supervisor of or be supervised by another relative who is an
existing employee within the same department.
B.
Applications. Applications for employment submitted
by relatives of Borough employees holding current supervisory positions
(hereinafter) will not be accepted for positions in the same department
of the Borough in which the supervisor works or where such a situation
or relationship could exist.
C.
Relatives of elected officials. No person who is a
relative of an elected official of the Borough of Bradley Beach (Mayor
and Council) shall be considered for employment as an employee of
the Borough. This shall not restrict nor prohibit the continued employment
of individuals to a position or positions with the Borough where a
relative of an employee is elected as a Mayor or Councilperson after
the date of the employee's start of employment with the Borough.
D.
Promotion of existing employees. Notwithstanding the
prospective application as to the remainder of this policy as applied
above, no elected official (Mayor and Council) or supervisor in a
department may participate in the promotion process or hiring process
in that department of any existing employee who is a relative of such
elected official or supervisor, as the case may be. Such elected official
or supervisor shall abstain from participation in such personnel action
as it applies to such relative.
This policy is not for the purpose of depriving
any citizen of an equal chance for employment with the Borough but
is intended to avoid the potential for preferential treatment of the
relatives of governmental personnel.
Except as may be otherwise expressly provided
for herein, this policy shall not affect the employment of any present
Borough employees and/or any existing contractual obligations with
employees by the Borough of Bradley Beach.
